common law definition
Valutazione di vLex
Defining Brazilian legal terminology/concepts in English: a relevance-based approach
Linguistic theories and electronic media, with the aid of computer technology, have proved very useful to provide access to institutional discourses and specialized knowledge to a wide range of users across countries and languages. This is the particular case of legal discourse and its various contexts of use. As one of the most formally and rigidly structured institutions in every society, the...
Sull’inconsistenza scientifica e giuridica del concetto di danno morale come voce di danno autonoma in presenza di danno biologico
1. I fautori della tesi secondo cui il danno morale costituirebbe voce autonoma di danno in presenza di danno biologico si guardano bene dal (...)
...Infatti, nei Principles, Definition and Model Rules of European Private Law - Draft Common Frame of reference, ...
The Alien Contract
1. Definition. - 2. The phenomenon. - 3. The validity of alien contracts. - 4. Alien contracts: structure issues. - 5. Alien contracts and interpretation. - 6. Clauses in alien contracts and the Italian law barrier. - 6.1. Miscellaneous provisions and boilerplate clauses. - 6.2. Merger Clause or Entire Agreement Clause. - 6.3. No oral amendment clause. - 6.4. Partial invalidity and severability...
- Lo strumento rimediale del promissory estoppel
Law and Its approach as a system
1. The logical structure of law as a historical product. 2. Tendencies of formal rationalization in legal development. 3. Historical development of the approach to law as a system. 4. Present state of the attempts at a logical reconstruction of law and legal reasoning. 5. Question of the axiomatic conception of law. 6. Heuristic value of the approach to law as a system.
... (in feudal particularism) or legal tradition (in the countries of Common Law) precluded codification social and economic development could ...This is the approach which forwards the definition according to which «Ein loglsch geschlossenes Rechtssystem, an dessen ...
Newly Introduced Definition Of Financial Lease Under Italian Law
... While the Law aims at creating a more certain legal framework for such financing technique commonly used in the Italian practice (in particular, in the real estate and transportation sectors), it is worth underlying that the Law itself gives rise to ...
The Crucial Importance Of Understanding The Understanding
... of cooperation between the parties, indicating an intended common line of action and setting out a framework to facilitate liaison on areas ... usual to introduce phrases such as "subject to contract" as the definition of a document as memorandum or letter of intent will not necessarily ...
Garanzie e «nuovi beni». Sulla collateralization di nomi di dominio, pagine web, banche dati
1.1. Premessa. E-commerce, e-companies e «dematerializzazione» dei patrimoni. - 1.2. L’ammissibilità di garanzie sui beni immateriali. - 1.3. La natura giuridica delle garanzie sui beni immateriali. - 2.1. L’ammissibilità di garanzie sui nomi di dominio. - 2.2. I security interests sui domain names: il dibattito nordamericano. - 2.3. Il differente orientamento della giurisprudenza tedesca. - 2.4.
The Law & International Marriages
... (articles 29 and 30), is constituted by the application of the common national law of the two spouses; however, in the moment in which spouses ... With the aim of speeding up the procedure for the definition of divorce, the legislator has amended art. 3 of the previous law, which ...
Italian Tax Reform
The Italian Government has recently approved a new decree, which reshapes the definition of abuse of law and tax avoidance and changes the rules on the statute of limitations in the event of tax crimes. The decree also introduces a cooperative compliance program to enhance relationships between taxpayers and Italian tax authorities.
... has recently approved a new decree, which reshapes the definition of abuse of law and tax avoidance and changes the rules on the statute of ... or between the legal instruments that have been adopted and common market practices can be regarded as being evidences of a lack of economic ...
La conoscibilità dei dati pubblici attraverso l'accesso individuale
1. I diversi modelli dell’informazione amministrativa. - 2. Le esperienze degli altri ordinamenti. - 2.1. La Svezia. - 2.2. Gli Stati Uniti. - 2.3. Il Regno Unito. - 2.4. I sistemi a «droit administratif». - 2.4.a) La Francia. - 2.4.b) La Spagna. - 2.4.c) La Germania. - 3. L’accesso alle informazioni nell’Unione europea: profili introduttivi. - 3.1. L’evoluzione del principio di trasparenza nei...
The Class Actions Global Guide, Italy
WHAT IS THE DEFINITION OF CLASS/COLLECTIVE ACTIONS IN YOUR JURISDICTION? ARE THEY POPULAR AND WHAT ARE THE CURRENT TRENDS? Definition of class/collective actions - The members of a “class” can bring a “class action” to seek compensation for damages and/or restitution. For the definition of “class” see Question 5, Definition of class. ...
New Financial Regulations For Airlines Which Operate In Italy
... ago, after a period of uncertainty regarding the exact legal definition of permanent establishment, the term was clarifiedin accordance with the ... principles established in the preamble to European Regulation on common rules for the operation of air services in the Community N. 1008/2008: ...
Italy's New Rules For Listed Small And Mid Caps And Other Changes Relevant To Listed Issuers
... New Definition of Small and Mid Cap Listed Companies. The Law Decree has introduced a ...) a dividend greater, by up to 10 percent, than that of the other common shares. Now, pursuant to the Law Decree, listed issuers may amend their ...
A New Definition Of Permanent Establishment In Italian Domestic Income Tax Law
... is considered closely related to an enterprise if, based on all the relevant facts and circumstances, one controls the other or both are under common control of a third person or enterprise. In any event, the requisite degree of control will exist when (i) one person or enterprise directly or ...
New Reporting Obligations For Trusts In Italy
... to the anti-money laundering rules, which contain a wide definition of 'beneficial owner' - much wider than its tax law counterpart, because ... trustees should consider the trust law implications of migrating common law trusts to Italy. Whilst the Italian courts have some experience with ...
The Law of On-line and Off-line Publishing
Introduction - 1. The Definition of the Terms 'On-line' and 'Off-line Publishing' - 1.1. The Definition of the Terni 'On-line Pitblisbing' by Reference to the Definition of the Term 'Electronic Publisblng' in the U.S. Telecommunications Act of 1996 - 1.2. The Definition of the Term 'Off-line Publishing' - 1.3. Advantages and Disadvantages of On-line. and Off-line Publishing witb Regard to...
...@1. The Definition of the Terms 'On-line' and 'Off-line Publishing'. The new technologies for ...b) The transmission of information as a common carrier. e) The transmission .of Information as part of a gateway to an ...
Re-using case law across Europe: legal barriers to be faced
1. Introduction. 2. The Caselex domain and data process. 3. Caselex legal scenario. 4. Caselex data process workflow. 4.1 Legal barriers in data acquisition. 4.2. Legal barriers in data processing. 4.3. Legal barriers in data access. 5. Conclusions. 6. Appendix: European countries legislation on copyright.
...-stop-shop" service for important national case law linked to the common denominator of EU law, i.e. decisions of Supreme and High Courts, within .... . The creation of this type of information is by definition a public task and its wide dissemination serves public interests. . . ...
- Il promissory estoppel, la promessa unilaterale e la culpa in contrahendo: relazioni pericolose?
Limits And Opportunities Of In-Game Advertising Under Italian Law
...While product placement is extremely common in the film industry (and could become more common in the TV industry, ... must be enforced when individuals considered "weak" by definition, like minors, are involved. More specifically, and in light of the strict ...
Italy Significantly Amends Debt Restructuring and Bankruptcy Proceedings
Material changes to the Italian bankruptcy law will likely result in increased interest of investors in the distressed market. The Italian legislators passed significant amendments to the legal framework applicable to debt restructurings and bankruptcy proceedings with law decree No. 82/2015, subsequently converted, with amendments, in law No. 192/2015 (Law 192).
Blockchain and Smart Contracts: Italy First to Recognize an Overarching Legal Foundation
The Situation: After joining the Blockchain Partnership and setting up a task force dedicated to digital innovation, Italy enacted a set of rules establishing an overarching legal foundation for the validity and enforceability of distributed ledger technologies ("DLTs") and smart contracts. The Result: New rules provide for: (i) legal definitions of DLTs and smart contracts; (ii) legal
... The Result: New rules provide for: (i) legal definitions of DLTs and smart contracts; (ii) legal validity of any record stored on a ... . Italian regulation fits within the European common approach on DLTs in the international arena. Marco LombardiFrancesco ...
- La vincolatività della promessa unilaterale nelle giurisdizioni miste di Scozia e Louisiana
Social Contact Responsibility
... by the rules of a contract even if what occurs falls under the definition of 'social contact'. In this regard, article 1173 of the Civil Code ...This includes several possibilities, the most common of which is error in diagnosis/treatment. Social contact responsibility ...
Open licensing e banche dati
Data and databases are a complex, nuanced area within intellectual property law. Discussions around "Open Data" require careful consideration. First, it is important to understand what is meant by "data," a concept that is too often taken for granted and on which misunderstandings are easily created. Next, we should clarify the relationship between the definition of "data&